Answer Ordinarily, yes, the dependent spouse must be in the U.S. at the time the H-4 EAD application is filed. After filing, however, one typically may travel abroad without impacting the pending EAD application. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer Anecdotally, there appears to be a higher incidence of RFEs on cases filed for premium processing. However, we have not noticed an increased denial rate for these cases. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer Health insurance obtained through the Affordable Care ACT (ACA), commonly referred to as Obamacare, is not considered a positive or negative factor for public charge purposes. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the March 2020 Visa Bulletin, Mr. Oppenheim provides some minor updates on a few of the employment-based...
The U.S. Supreme Court has lifted the injunction in Illinois that had prevented the U.S. Department of Homeland Security (DHS) from implementing the new public charge rule on residents of that state. The Supreme Court had previously lifted several nationwide injunctions against the rule. Accordingly,...
The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective March 31, 2020, it will no longer adjudicate immigrant petitions by alien investor (form I-526) on a first-in, first-out basis. Rather, the USCIS will prioritize those EB5 petitions in which the immigrant investor has...
The Office of Management and Budget (OMB) has approved the public charge questionnaire (form DS-5540), and the U.S. Department of State (DOS) will implement its new public charge rule, effective February 24, 2020. The DOS has also updated the Foreign Affairs Manual (FAM) with instructions...
Answer Yes, two (or even more) employers may submit registrations for the same individual, assuming each company has a job opportunity for that person. However, a company cannot file multiple registrations for the same person. Similarly, a company cannot typically use a related entity (e.g., affiliate,...
Answer In general, a lawful permanent resident (i.e. 'green card' holder) who leaves the U.S. for more than one year is deemed to have abandoned his/her residency. There are exceptions to this rule, but you would need to consult with an attorney who can review your...
Answer No. If Company A submits the registration that is selected, generally speaking, only Company A is permitted to file the corresponding H1B petition. The individual listed in the registration is not considered to have been counted against the cap unless the H1B petition is approved,...
